200 F. 770 | 2d Cir. | 1912
It is unnecessary to discuss the questions as to title which arise upon the construction of an agreement between the parties. It is not disputed that, although that agreement be construed precisely as complainant contends it should be, defendants are free to show that the device they are making is not within the claims of the patent as the same should be interpreted in view of the prior state of the art.
The improvement relates to certain details of construction of the plunger, the stuffing box through which it- mo.ves, and certain guiding
The order'is affirmed, with costs.